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H.4121 Moving to Ways and Means Committee, email list inside.

I emailed everyone on the Ways and Means Committee. Also called my Rep's office today (Sean Garballey) and spoke to an assistant requesting to be called back. The assistant said that Garballey will be voting Yes on the bill.

I hadn't received a call yet, so at 4pm today I called back and spoke to the office person again. Confirmed the bill is still with the House Ways and Means committee, and that there haven't been any changes to it yet, it's still in the same form as when house speaker DeLeo introduced it. They expect to make the decision on whether to pass H4121 out of committee at the end of next week. (he sounded like it was a foregone conclusion that it would) At that point, it would go to the House, where every rep has a chance to make amendments.

The office person was very nice, and said that Sean Garballey was an another call, but would get back to me by end of day, or on Monday. 15 minutes later, Sean called me back! I kept things very positive in an effort to find out as much as I could.

I asked what parts of the bill he liked most and least. He said he supported the mental health and background checks portions the most. He answer wasn't detailed, and it didn't sound like he felt strongly about it. I didn't respond to this and just let him continue.

The part he said needed the most work was the portions that dealt with suitability. That he understands that the theory is that police chiefs are the closest to, and would therefore be able to best determine suitability - but that currently there seems to be too many automatic or arbitrary denials. I wholeheartedly agreed, and told him about rep Leah Cole - a textbook case of someone that should be able to conceal carry to defend herself. Young female nurse working late shift, spotless criminal record, firearms experience since she was 12 - and still got a restricted license.

I talked about section 18, which would ban private face to face sales. That it requires both people to have valid licenses, and to fill out a form. That the state already has everything it needs to know whether the transaction was legal, and doing anything else was already illegal. He said he wasn't familiar with that portion of the bill, but will study it and consider both sides of the argument next week.

I talked about section 32, the one that gives Attorney General ability to remove firearms from approved firearms list. Again, not aware of this portion of bill. Sounded like he didn't know about the approved firearms roster at all. I said that the products available to those that live in MA are already very restricted already, that section 32 would be redundant and would just further complicate an already complex process.

I asked if it's possible to make amendments to the bill before it leaves committee - he said yes. I asked if it's just a few changes here and there, or if entire sections can be removed - he said depends on the bill, didn't have any expectations for this bill yet.

He sounded like he wanted to wrap up the call, so I just made one more point - that MA already is already one of the strictest when it comes to gun laws, and that many portions of this bill won't do anything useful, that another law on top of old ones that aren't followed is useless, and should be removed.

He thanked me, and I thanked him, and asked if I could contact him again next week to talk more about the bill and amendments. He said yes, sounded genuine about it, asked my home address to put me on some newsletter, and gave me his cell phone number.

My overall impression is that he's only skimmed the bill so far, and has only had a few conversations on a very limited portion of the bill. Seems like he hasn't read a single email from us. If he read the one I sent last week, or any of the ones I'm sure others are sending, he'd be much better informed. Could he be feigning ignorance to appease the pro 2A guy until the phone call is over? Maybe, but it didn't seem that way to me. I think he can be swayed - CALL HIM.
 
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I talked to Sean briefly this morning as he was heading out (I was in my car). He said he doesn't think it's being voted on this week (but I wouldn't take anything as gospel with this state). We were going to meet tonight but now I'm stuck with another appt until 7pm. We may talk on the phone later today.

He said he is pushing amendments. We didn't go over the details, figuring we'll do that later. He said "you know my constituency" (implying anti-gun D's). I said you have A LOT of permit holders in Arlington and Medford. He said..."I know..." So keep up the heat on him. He won't vote no, but he'll keep pushing for the changes and he is listening.
 
Thanks. I'll be writing in tomorrow night.

Fun fact that I'll be writing to the reps about: I just looked up the Freedom in the 50 States rankings for gun control and plotted them against FBI's firearm murder rate by state. There is no correlation! Constitutional carry or strictest gun laws, it simply does not correlate with gun murder rates. This country doesn't have a gun problem, it has a socioeconomic problem. We already knew this, of course, but I think it's worth pointing out the numbers to the anti side. I'll post the data and the plot tonight or tomorrow when I get to a computer.
Better late than never but here's what I got. For the y-axis I used the gun control ranking of all the states (except Florida, which wasn't included in the next set of data for some reason). For the x-axis I used the FBI's 2012 gun murder figures broken down by state. Essentially low and left means lots of gun freedom and very few gun murders, while high and right means strict gun control and lots of gun murders. As you can see, there isn't a whole lot of correlation here:

gc.jpg
 
I hadn't received a call yet, so at 4pm today I called back and spoke to the office person again. Confirmed the bill is still with the House Ways and Means committee, and that there haven't been any changes to it yet, it's still in the same form as when house speaker DeLeo introduced it. They expect to make the decision on whether to pass H4121 out of committee at the end of next week. (he sounded like it was a foregone conclusion that it would) At that point, it would go to the House, where every rep has a chance to make amendments.

The office person was very nice, and said that Sean Garballey was an another call, but would get back to me by end of day, or on Monday. 15 minutes later, Sean called me back! I kept things very positive in an effort to find out as much as I could.

I asked what parts of the bill he liked most and least. He said he supported the mental health and background checks portions the most. He answer wasn't detailed, and it didn't sound like he felt strongly about it. I didn't respond to this and just let him continue.

The part he said needed the most work was the portions that dealt with suitability. That he understands that the theory is that police chiefs are the closest to, and would therefore be able to best determine suitability - but that currently there seems to be too many automatic or arbitrary denials. I wholeheartedly agreed, and told him about rep Leah Cole - a textbook case of someone that should be able to conceal carry to defend herself. Young female nurse working late shift, spotless criminal record, firearms experience since she was 12 - and still got a restricted license.

I talked about section 18, which would ban private face to face sales. That it requires both people to have valid licenses, and to fill out a form. That the state already has everything it needs to know whether the transaction was legal, and doing anything else was already illegal. He said he wasn't familiar with that portion of the bill, but will study it and consider both sides of the argument next week.

I talked about section 32, the one that gives Attorney General ability to remove firearms from approved firearms list. Again, not aware of this portion of bill. Sounded like he didn't know about the approved firearms roster at all. I said that the products available to those that live in MA are already very restricted already, that section 32 would be redundant and would just further complicate an already complex process.

I asked if it's possible to make amendments to the bill before it leaves committee - he said yes. I asked if it's just a few changes here and there, or if entire sections can be removed - he said depends on the bill, didn't have any expectations for this bill yet.

He sounded like he wanted to wrap up the call, so I just made one more point - that MA already is already one of the strictest when it comes to gun laws, and that many portions of this bill won't do anything useful, that another law on top of old ones that aren't followed is useless, and should be removed.

He thanked me, and I thanked him, and asked if I could contact him again next week to talk more about the bill and amendments. He said yes, sounded genuine about it, asked my home address to put me on some newsletter, and gave me his cell phone number.

My overall impression is that he's only skimmed the bill so far, and has only had a few conversations on a very limited portion of the bill. Seems like he hasn't read a single email from us. If he read the one I sent last week, or any of the ones I'm sure others are sending, he'd be much better informed. Could he be feigning ignorance to appease the pro 2A guy until the phone call is over? Maybe, but it didn't seem that way to me. I think he can be swayed - CALL HIM.


Thanks for taking the initiative to actually speak with acommittee member and also for posting how the conversation played out. One thing I would add, though, is that we cannot overlook the language in the bill that reduces PP status for misdemeanors greater than 2 years to greater than 1 year. This is arguably one of the most detrimental provisions in the bill to licensed gun owners in this state as it will severely impact our already dwindling numbers.
 
Yesterday evening I ran into my State Rep and discussed the bill with him (again).

He told me the following:

- Jim Wallace and Rep. Peterson were meeting with (sounded like DeLeo, might have meant the Ways & Means Committee, not entirely clear to me) today to explain the most egregious parts of this bill and why they should be struck.
- My Rep. doesn't expect it to leave the committee until sometime next week.
- He can not support it as it is written. He's really concerned about the nebulous "suitability" expansion and can't support that unless it is in writing and clearly laid out so that every applicant knows what the rules are and every chief implements it the same way (I think this is very unlikely to happen).
- He told me that DeLeo is really taken aback by how little support there is for his bill in the House.
- He said that he isn't sure at all that the Senate will even take this bill up.
- He's hoping (as we are) that it doesn't come up for a vote until after July 31st, whereby it will die with one no vote.
 
Met with my Rep. Dan Ryan last night at a Chelsea meeting celebrating his first 60 days in office. He has co-sponsored the H.4161 bill, but was surprised that the bill was so broken when I described the issues with him. He was also not familiar with the differences and disconnects between the MA 1998 firearms laws on the books and H.4121. He said that this bill will pass the House, but that amendments were possible before that happened.

He summed up by saying that he was looking for an "open" dialog on the issues that GOAL has will H.4121. I gave him my contact info and said that I would contact GOAL to get in touch with him if he was interested. We will see.
 
Every Rep's office I've spoken to says they are getting SLAMMED with responses over this...almost all of them asking for a NO vote on this.
KEEP UP THE GOOD WORK, GUYS AND GALS!

KEEP HAMMERING THEM WITH YOUR PHONE CALLS , YOUR EMAILS and LETTERS !!!

KEEP HAMMERING THEM!!
 
Just sent this to Linda Dean Campbell, and will do a quick copy and paste into emails to the other members of the committee.

Good to correspond with you again.

Again, you are presented with an opportunity to stop a bad bill before it ever gets to the House floor.

This bill is such an affront to the responsible, law-abiding gun owner in this state I don't know where to begin.

So I won't waste your time today picking it apart line by line.

The entire bill is poorly written, and drafted without any thought to the myriad of existing gun laws. I will touch on two of the worst sections.

For instance, making all private sales go through a dealer seems more like a payoff to gun dealers in this state than any sort of crime-prevention measure. We already must be licensed gun owners to even posess a firearm in MA, having passed a background check to get that license, and we already must report all firearms transactions to the Firearms Record Bureau. This issue is already a settled matter in this state, and in no need of any further regulation. In other words, there is no "gun show loophole".

Another horrible addition is the suitability issue for FID holders. This provision will put people who currently are law-abiding gun owners at risk of being prohibited. The longtime FID cardholder already had one promise renegged on when FID cards went from lifetime to renewable every six years. Now they are at risk of not being able to participate in life-long passions like hunting and trap shooting because many police chiefs in this state believe in the mantra "guns for me, not for thee". Ironically, anti-gun activist John Rosenthal is one of these people at risk of losing his rifles.

I would hope that you realize this is a very bad bill, and is not needed in this already restrictive state.

Talk with GOAL, and take their recommendations to heart.

Thanks for your time,

Respectfully,
 
I wrote to all the Reps on the committee. Four responded they were "keeping an open mind" but two send the following responses:

Thank you for your email regarding H.4121. This bill was poorly crafted, and I voted for an Ought Not to Pass recommendation in the Public Safety & Homeland Security Committee. We lost the unfavorable report by one vote. I plan to vote against reporting this bill out of the House Ways & Means Committee unless there are substantial changes which protect the rights of law abiding gun owners.
David T. Vieira
State Representative
Third Barnstable District
State House, Rm. 167
Boston, MA 02133
Boston Office: 617-722-2230
District Office: 508-548-VOTE (8683)



I totally disagree with HB 4121 as it is written today.
Without our right to bear arms, only criminals will have guns.

Respectfully,
Donald H. Wong
State Representative
 
Received another positive response:

Thanks for your email. You can be assured that we see eye to eye on this issue. I am a member of GOAL and as a licensed LTC holder and responsible gun owner myself, the Speaker’s Bill as written is something I cannot support given the Draconian measures in it. I agree that once again, we seem to be going after lawful gun owners and that this new piece of proposed legislation will do very little to keep criminals from obtaining guns. I, along with likeminded legislators in the House like my colleague, George Peterson of Grafton are working with GOAL in advocating for amendments to House Bill 4121 which will make it fairer to people like us. If these amendments do not go through, I will be voting against the bill when it comes before the House for consideration. Thanks again for getting in touch.

Sincerely,
Matthew A. Beaton
State Representative
11th Worcester District
 
Jim Wallace was at the state house yet again today, send MOAR EMAILS!

Anyone else fail to get the majority of the fax #'s listed on GOALs site to work? Every 617# failed for me with reason "Busy"
 
I called more reps on the Ways and Means today.
Several times, I started with "Yes, I'd like to ask the Representative to vote a certain way on a piece of legislation", and the
conversation then went along the lines of :

Aide: "Which bill? The gun bill?"
Me: "Yes. How did you know?"
Aide: "Lots of calls on this! And let me guess, you want a NO vote /ought not to pass/etc"
Me: "Well, actually, that's correct. How did you know?"
Aide: "Because everyone who is calling is asking for a NO vote"

Also, three aides admitted that that's ALL they've received for calls on this matter - requests for a NO vote!!.
Many said they are getting slammed/hammered with phone calls on this.

KEEP CALLING! KEEP EMAILING! KEEP WRITING!! KEEP HAMMERING THEM!!!!
KEEP FIGHTING - NEVER QUIT!!!!!!!!!!
 
I received a letter from Sen. Moore today regarding my phone call to his office last Friday.

As a longstanding advocate for Second amendment rights, I do not support additional restrictions on lawful gun ownership. As such, should bill 4121 come before the Senate, I do not intend to support the bill as currently written. I believe there are viable methods to reduce gun violence, promote school safety and enhance delivery of mental health services without interfering with lawful gun ownership. I am particularly skeptical of house Bill 4121 because it fails to adequately fund mental health services, and too heavily penalizes and discourages the legal possession of firearms.

Senator Moore goes on to say that he has an A+ rating with Goal and strongly supports lawful gun ownership and the Second Amendment.[smile]
 
Met up with Sen. Barry Finegold's aide today at his office hours in Tewksbury. I went over the GOAL response to H4121 and explained the finer points. The minute I showed him the GOAL response he asked if this was the Speaker's bill, so he's been getting an earful from others too. He gets it. I told him how poorly written it is and that sections are also unfunded.

I went on to explain how guns and gun owners are only whipping boys used to garner votes and we are political fodder.

I explained Warren Tollman's claim, that if elected, to be able to require only smart guns be allowed in MA and how it would affect gun reliability or rather lack of reliability, as well as making all guns that are Constitutionally able to be owned by us to be banned. I explained the unfair power that the MA Att. Gen. has in regulating guns in MA.

Barry Finegold is running for State Treasurer. If I hear favorably from him, I'll let you know.
 
I've called and emailed and called and emailed. In an effort to say something different, I sent this today. I hope it's factually accurate, but at this point , who cares? The antis surely don't.

Dear Mr. DeLeo,

I'm writing you to express my opposition to H.4121. There is almost nothing in this bill that would help reduce violent crime; rather it only further infringes on the rights of responsible gun owners. Massachusetts gun laws are already excessive, vague, and convoluted.
For example:
Imagine Joe, a responsible gun owner. Joe goes to his local gun store and buys 100 rounds of ammo for his pistol (showing his LTC, of course). When he gets home, he takes his ammo can out of his gun safe, unlocks it, dumps in the 100 rounds, locks it again, and then locks the can back in his gun safe. Sounds like a safe, responsible person, right? Nope, criminal. By not storing the ammo in its "original container" as required by law, Joe could be prosecuted and/or lose his LTC if his chief of police deemed him unsuitable for violating this law.

Saturday morning Joe decides to go to the local shooting range. He takes his pistol out of his gun safe and installs a cable lock through its magazine well and action so that it can't be loaded or fired. He also installs a trigger lock for added safety. He puts the pistol and his locked ammo can in his range bag, puts the bag in the back of his SUV and heads to the range. Sounds like a safe, responsible person, right? Nope, criminal. Firearm transportation laws are different from storage laws and require that the pistol be in a locked case or trunk (which his SUV doesn't have). Again, Joe could be prosecuted and lose his license.

Unbeknownst to Joe, a spent .22 caliber shell casing got stuck in his boot at the range and fell off in his truck. Sunday morning, Joe's wife, Jane, gets stopped by a police officer while driving alone in his truck to church. The officer notices the spent casing and asks if she has an LTC. No? Guess what, she's a criminal, too. That's right, according to Commonwealth v. Truong, a spent shell casing incapable of being fired (or even reloaded) is ammunition, and one needs to be licensed to possess such. Joe's chief of police can arbitrarily decide that because of his "negligence" he is now unsuitable and pull his LTC.

There are many more equally bizarre ways that responsible gun owners can be tripped up by our state's convoluted and often vague gun laws, and we want to add more? We all know that H.4121 is little more than feel good legislation that will allow politicians to say, "We did something." Shouldn't we be looking at things that work rather than things that we all know won't?

I hope that you will work with GOAL to fix this bill, especially the areas expanding police discretion to determine suitability and empowering the Attorney General's office to have authority over the Approved Firearms Roster.

Respectfully,
Obie1
 
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I've called and emailed and called and emailed. In an effort to say something different, I sent this today. I hope it's factually accurate, but at this point , who cares? The antis surely don't.

Dear Mr. DeLeo,

I'm writing you to express my opposition to H.4121. There is almost nothing in this bill that would help reduce violent crime; rather it only further infringes on the rights of responsible gun owners. Massachusetts gun laws are already excessive, vague, and convoluted.
For example:
Imagine Joe, a responsible gun owner. Joe goes to his local gun store and buys 100 rounds of ammo for his pistol (showing his LTC, of course). When he gets home, he takes his ammo can out of his gun safe, unlocks it, dumps in the 100 rounds, locks it again, and then locks the can back in his gun safe. Sounds like a safe, responsible person, right? Nope, criminal. By not storing the ammo in its "original container" as required by law, Joe could be prosecuted and/or lose his LTC if his chief of police deemed him unsuitable for violating this law.

Saturday morning Joe decides to go to the local shooting range. He takes his pistol out of his gun safe and installs a cable lock through its magazine well and action so that it can't be loaded or fired. He also installs a trigger lock for added safety. He puts the pistol and his locked ammo can in his range bag, puts the bag in the back of his SUV and heads to the range. Sounds like a safe, responsible person, right? Nope, criminal. Firearm transportation laws are different from storage laws and require that the pistol be in a locked case or trunk (which his SUV doesn't have). Again, Joe could be prosecuted and lose his license.

Unbeknownst to Joe, a spent .22 caliber shell casing got stuck in his boot at the range and fell off in his truck. Sunday morning, Joe's wife, Jane, gets stopped by a police officer while driving alone in his truck to church. The officer notices the spent casing and asks if she has an LTC. No? Guess what, she's a criminal, too. That's right, according to Commonwealth v. Truong, a spent shell casing incapable of being fired (or even reloaded) is ammunition, and one needs to be licensed to possess such. Joe's chief of police can arbitrarily decide that because of his "negligence" he is now unsuitable and pull his LTC.

There are many more equally bizarre ways that responsible gun owners can be tripped up by our state's convoluted and often vague gun laws, and we want to add more? We all know that H.4121 is little more than feel good legislation that will allow politicians to say, "We did something." Shouldn't we be looking at things that work rather than things that we all know won't?

I hope that you will work with GOAL to fix this bill, especially the areas expanding police discretion to determine suitability and empowering the Attorney General's office to have authority over the Approved Firearms Roster.

Respectfully,
Obie1
Genious
 
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